[vc_row row_height_percent=”50″ back_color=”color-231473″ back_image=”69″ back_repeat=”no-repeat” back_attachment=”fixed” back_position=”center top” overlay_color=”color-231473″ overlay_alpha=”35″ gutter_size=”3″ column_width_percent=”100″ shift_y=”0″ z_index=”0″ row_height_pixel=”200px”][vc_column column_width_percent=”100″ position_vertical=”middle” align_horizontal=”align_center” style=”dark” overlay_alpha=”50″ gutter_size=”3″ medium_width=”0″ mobile_width=”0″ shift_x=”0″ shift_y=”0″ shift_y_down=”0″ z_index=”0″ width=”1/1″][vc_custom_heading heading_semantic=”h1″ text_size=”h1″ el_class=”text-shadow”]Terms and Conditions[/vc_custom_heading][/vc_column][/vc_row][vc_row row_height_percent=”0″ back_color=”color-lxmt” overlay_alpha=”50″ gutter_size=”3″ column_width_percent=”100″ shift_y=”0″ z_index=”0″][vc_column width=”1/1″][vc_column_text text_lead=”yes”]All works carried out by Davy Plumbing quoted or otherwise is subject to these Terms and Conditions. It is the sole responsibility of the client / customer to read the Terms and Conditions carefully and pursue legal advice if required before engaging Davy Plumbing.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”1/1″][vc_custom_heading text_color=”color-231473″]1. Definitions[/vc_custom_heading][vc_column_text]

• “Davy Plumbing” shall mean Davy Plumbing Group Pty Limited, or any agents, contractors and employees hereof.
• “Client” shall mean the client, any person acting on behalf of & with the authority of the client, or any person purchasing products & services from Davy Plumbing.

[/vc_column_text][vc_custom_heading text_color=”color-231473″]2. Acceptance [/vc_custom_heading][vc_column_text]

• Any instructions received by Davy Plumbing from the Client for the supply of Goods and/or the Client’s acceptance of Goods supplied by Davy Plumbing shall constitute acceptance of the terms and conditions contained herein.
• Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.
• Upon acceptance of these terms and conditions by the Client the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of Davy Plumbing.
• None of the Davy Plumbing’s agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the manager of Davy Plumbing in writing nor is Davy Plumbing bound by any such unauthorised statements.
• The Client undertakes to give Davy Plumbing not less than fourteen (14) days prior written notice of any proposed change in the Client’s name and/or any other change in the Client’s details (including but not limited to, changes in the Client’s address, facsimile number, or business practice).

[/vc_column_text][vc_custom_heading text_color=”color-231473″]3. Website[/vc_custom_heading][vc_column_text]

• All information on this website is provided for information purposes only and Davy Plumbing has made reasonable efforts to ensure that information provided on this website is accurate at the time of inclusion, however there may be inadvertent and occasional errors for which Davy Plumbing apologises.
• Davy Plumbing makes no representations or warranties of any kind about the information provided on its website or via hypertext links or any other item used either directly or indirectly from the website and reserves the right to make changes and corrections at any time, without notice. By accessing this website, you agree that Davy Plumbing is not responsible to you or any third party for any loss suffered in connection with the use of this website (or any of the content contained herein) including, but not limited to, the transmission of any computer virus.

[/vc_column_text][vc_custom_heading text_color=”color-231473″]4. Quotations[/vc_custom_heading][vc_column_text]

• Unless previously withdrawn, a quotation issued by Davy Plumbing is open for acceptance for 30 days. Davy Plumbing reserves the right to refuse any Order placed by Client within 7 days of the Order being placed.
• Any quotation is based on Davy Plumbing’s professional estimation of where existing drainage, pipes, water or gas lines and electrical cables have been laid. If this is not the case or if they are inaccessible or unusable in their present state, Davy Plumbing reserves the right to vary the quotation.
• Davy Plumbing reserves the right to vary a quotation once the supply of goods or services has commenced.  The Client will be notified at their earliest convenience and approval sought to carry out the additional works.
• Once an Order has been accepted by Davy Plumbing, the Client cannot cancel it without the express consent of Davy Plumbing.
• Where Davy Plumbing has already ordered goods from a third party, cancellation will only be possible if Davy Plumbing can return the goods to the third party at no loss to Plumber.
• Davy Plumbing may, at any time after acceptance of an Order, cancel the supply of Goods or Service and Davy Plumbing will not be liable for any loss or damage suffered by Client as the result of such cancellation.

[/vc_column_text][vc_custom_heading text_color=”color-231473″]5. Cancellation[/vc_custom_heading][vc_column_text]

• Davy Plumbing may cancel these terms & conditions or cancel delivery of goods & services at any time giving at least 24 hours advice. Davy Plumbing shall not be liable for any loss or damage what-so-ever arising from such cancellation.
• The client must provide Davy Plumbing with at least 2 working days’ notice in writing of any cancellation of works. Failure to do so will incur 30% payment of the original quoted / invoice amount payable by the client.
• Where a deposit has been paid to Davy Plumbing, deposits are non-refundable.

[/vc_column_text][vc_custom_heading text_color=”color-231473″]6. Fees and Payments[/vc_custom_heading][vc_column_text]

• The client agrees to make payment as requested. Failure to do so will cancel any further works until such time, payments are paid. The client agrees to pay the full invoice amount on the completion of works.
• Electronic Funds Transfers and cash payments are accepted.
• Davy Plumbing fees & charges are subject to change without notification to the client.
• Additional fees & charges shall apply outside of normal business hours 0600 to 1700 Monday to Friday.
• The client accepts that all invoices will be provided in itemised categories including GST.
• The client accepts that payment terms of the invoices are paid in full on completion of the works for private residential customers and 30 days for real estate and strata clients.
• Davy Plumbing reserves the right to charge the Client interest in respect of late payment of any money due at the rate of 5 per cent of the total account from the due date until receipt of payment.

[/vc_column_text][vc_custom_heading text_color=”color-231473″]7. Unpaid Plumber and the right to dispose of goods[/vc_custom_heading][vc_column_text]

• The client accepts that in the event that Davy Plumbing has made demand in writing of the Client for payment of goods and works and payment remains outstanding then, whether the property in the Goods has passed to the Client or has remained with Davy Plumbing, Davy Plumbing may dispose of the Goods and may claim from the Client the loss to Davy Plumbing on such disposal.

[/vc_column_text][vc_custom_heading text_color=”color-231473″]8. Warranty[/vc_custom_heading][vc_column_text]

• Davy Plumbing provides warranty valid on works for five years and parts for 12 months (unless otherwise stated) from invoice date. Warranty shall only be valid on exact location & works as carried out by Davy Plumbing. Client must provide original invoice for proof of works.
• All valve & valve type parts as well as any specified items installed by Davy Plumbing must be serviced annually by Davy Plumbing. Failure to do so shall void all warranty. It is the sole responsibility of the client to arrange an appointment.
• The Client shall inspect the goods & works on completion & must report any defects to parts or installation works within 48 hours in writing to Davy Plumbing of any alleged defects, shortage in quantity or damage. The client shall afford Davy Plumbing an opportunity to inspect the alleged damage / defect within 7 working days from date of written notification & give Davy Plumbing the opportunity to make good to Australian & reasonable standards within 14 working days.
• No warranty shall be provided on blocked sewer, drainage or storm water as set out in clause 9 below.

[/vc_column_text][vc_custom_heading text_color=”color-231473″]9. Drains and Sewerage[/vc_custom_heading][vc_column_text]

• The Client accepts that the presence of plant/tree root growth and/or blockages generally indicates damaged pipes and agrees that blocked drains cannot be fixed by simply removing “plant/tree root growth” or cleaning the drain.
• Davy Plumbing does not provide a warranty against the recurrence of tree and plant root growth in pipes and future blockages regardless of timeframe recurring whether in the same location or other drainage / sewer lines within the same property.
• The Client acknowledges that Close Circuit Television (CCTV) is a specialist piece of equipment which may or may not be used at Davy Plumbing sole discretion in an attempt to identify the source of the blocked drain. Should CCTV equipment be used the Client acknowledges that additional charges will imposed.
• The client acknowledges that should any Plumber’s equipment become lodged or damaged in the customers drain it will be removed & / or repaired at the Clients expense (includes materials, parts & labour) or monetary compensation to the total replacement of same or higher quality value will become payable to Davy Plumbing immediately.

[/vc_column_text][vc_custom_heading text_color=”color-231473″]10. Clients Disclaimer[/vc_custom_heading][vc_column_text]

• The client hereby disclaims any right to rescind, or cancel the contracted works or to sue for damages or to claim restitution arising out of any misrepresentation made to him/her by any servant or agent of Davy Plumbing & the Client acknowledges that he/she buys the services of Davy Plumbing relying solely upon his/her own skill & judgment & that Davy Plumbing shall not be bound by nor responsible for any term, condition, representation or warranty other than the warranty given by the Manufacturer which warranty shall be personal to the Client & shall not be transferable to any subsequent Client.

[/vc_column_text][vc_custom_heading text_color=”color-231473″]11. Compliance[/vc_custom_heading][vc_column_text]

• The Client & the Contractor shall comply with the provisions of all statutes, regulations & bylaws of government, local & other public authorities that may be applicable to the works.
• The Client shall obtain (at the expense of the Client) all licenses & approvals that may be required for the works (councils or other governing agents).
• The Client agrees that the site will comply with any occupational health & safety laws relating to building/construction sites & any other relevant safety standards or legislation.

[/vc_column_text][vc_custom_heading text_color=”color-231473″]12. Safety and Insurance[/vc_custom_heading][vc_column_text]

• The Client warrants that any plant and equipment he supplies for the use of Davy Plumbing is safe to use and free from any defect. He confirms that he has checked any ladder or step-ladder or electric tool within the last 12 months.
• Davy Plumbing undertakes to obtain insurance against liability for professional negligence in work done under this agreement and against third party liability whilst on the premises of the Client and agrees to provide evidence of the insurance to the Client upon request.
• Client undertakes at all times to maintain appropriate insurances and in particular, occupier’s liability insurance, against risks of events which could reasonably be expected to cause injury, loss or damage to Davy Plumbing.
• The Client will indemnify Davy Plumbing & keep Davy Plumbing indemnified against any liability, loss, claim or proceedings of any kind (whether arising under statute or common law) arising from services which are buried or unseen being disturbed or damaged.
• Davy Plumbing will not be liable for any repair work & any repair work required will be paid at the Clients expense. Such liability, loss, claims or proceedings includes but is not limited to a) Damage to the property, real or personal; b) Death or personal injury; & c) Consequential or economic loss of any kind.

[/vc_column_text][vc_custom_heading text_color=”color-231473″]13. Confidentiality[/vc_custom_heading][vc_column_text]

• In this paragraph, “Damage” means both economic loss, loss of reputation and damage to reputation, feelings, work or professional standing and “Personal Information” means any information about or in connection with, a party to this agreement.
• Each of the parties now undertakes for the benefit of the other that he will not:
• divulge to any person whatever or otherwise make use of any Personal Information relating to the other, which he learns as a result of this contract or any circumstance flowing from the contract;
• post any text, nor image, nor audio-visual material, on any social network or other public place which could be hurtful, embarrassing or damaging to the other of us.
• The parties agree that any Damage arising directly or indirectly from a breach of the above provisions must be compensated.
• The Client accepts personal liability for compliance with these provisions by members of his family [and domestic staff] and Davy Plumbing undertakes to make all employees agents and sub-contractors aware of the confidentiality of Personal Information and the provisions of this paragraph and to take all such steps as shall from time to time be necessary to ensure compliance by those people with these provisions.
• No matter how this contract ends, this paragraph shall be effective for [ten] years from today.

[/vc_column_text][vc_custom_heading text_color=”color-231473″]14. Dispute Resolution[/vc_custom_heading][vc_column_text]

• In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
• The validity, construction and performance of this agreement shall be governed by the laws of the State of NSW. Any dispute arising in connection with this agreement shall be subject to the exclusive jurisdiction of the NSW courts.

[/vc_column_text][vc_custom_heading text_color=”color-231473″]15. General[/vc_custom_heading][vc_column_text]

• Davy Plumbing shall not be liable for any default due to any act of God, war, terrorism, strike, lockout, industrial action, fire, flood, drought, storm or other event.
• Davy Plumbing does not accept any responsibility for damage to property during works being carrying out.

The client accepts that some issues require the assistance of other contractors who specify how these issues will be handled. For example, when a toilet leaks into an electrical system, an electrician will need to repair the system before it is safe to work. The client accepts that Davy Plumbing shall not be liable for work performed by or issues involving other contractors.

• Davy Plumbing shall not be held liable for any such delays for work not being completed due to weather conditions, shortage of labour hire, machinery or materials outside the direct control of Davy Plumbing.
• In the event of any breach of this contract by Davy Plumbing the remedies of the Client shall be limited to damages. Under no circumstances shall the liability of Davy Plumbing exceed the Price of the Goods or services.
• Davy Plumbing reserves the right to review & make changes to these terms & conditions at any time.

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